The judicial - and political - fate of the chief of Poundmaker First Nation was settled Friday.
Poundmaker chief Duane Antoine and former chief Ted Antoine are both getting suspended sentences with 20-months probation each for their role in stealing Treaty Land Entitlement funds from Poundmaker First Nation.
They are also ordered to pay $2,500 in restitution. But that was as far as the judge was willing to go in the sentence he imposed at North Battleford Provincial Court.
Judge Dan O'Hanlon made clear he would make no ruling to ban Antoine or co-accused, band councillor Colin Favel, from holding office.
That dismayed a number of people at the sentencing hearing, many of whom wanted O'Hanlon to make a ruling that would force Antoine and Favel out of office.
"I guess it's all right to steal," was the comment voiced loudly by one person leaving the courtroom.
The sentencing of Duane and Ted Antoine, as well as six others who pled guilty to theft charges in the investigation, took on political overtones as the case made its way through the justice system. It became clear as the case dragged on that opponents of Duane Antoine saw the sentencing as an avenue to force Antoine out of office.
According to facts outlined in court during the sentencing, the eight individuals charged were among 26 individuals who were paid $2,500 each from a surplus in the Treaty Land Entitlement trust account of almost $75,000. A total of $65,000 was paid out to the 26 individuals, it was stated in the facts in court.
The payouts, alleged to have taken place in 2003, violated terms of the Treaty Land Entitlement trust that specified the funds were to go toward land development.
A band council resolution authorizing the illegal payouts was passed while both Duane and Ted Antoine were on the band council in 2003 - Duane as a councillor, Ted as chief.
Last fall, eight of the nine people accused in the case pled guilty to theft under $5,000. Band councillor Favel and former band councillors Bryan Tootoosis and Irene Tootoosis also pled guilty to theft over $5,000 in connection to a separate scheme where they received $10,000 each. A ninth individual charged, Victoria McMillan, is still awaiting trial.
The case has been a source of controversy and turmoil for Poundmaker where in May, 2012, both chief Duane Antoine and band councillor Favel ran and won re-election despite the criminal charges hanging over them.
The political overtones flared up again during their first appearance before the court for sentencing in January. At the time, O'Hanlon voiced concern about the issue of restitution, which he described as a live issue. O'Hanlon made clear he did not want Antoine or another co-accused, band councillor Colin Favel, in a position where they could direct where those restitution funds could go.
Judge O'Hanlon also said he was prepared to consider a ruling to ban Antoine from holding public office.
That prospect prompted Antoine's lawyer, Ivan Frank, to voice his opposition to the idea, noting such a ban would interfere with the First Nation's sovereignty.
Talk about imposing a ban on Antoine seemed to spur on his opponents,who hoped the judge might make a ruling that would remove Antoine from office.
In court Feb. 1, Frank voiced his concerns that many members of the reserve were coming forward with victim impact statements. He raised further concerns about the political tone of many of the submissions, which he argued was inappropriate.
"This is not going to turn into a political referendum," Frank told the court.
Frank later voiced concern that Judge O'Hanlon might be swayed by the submissions and called for him to recuse himself. O'Hanlon declined, and the case was adjourned.
By the time the case returned to court Friday, the judge's concerns about the issue of where the restitution money would go were settled.
Counsel had submitted a recently passed band council resolution, directing restitution funds towards the Chief Poundmaker School, to pay for such items as a freezer for their school lunch program as well as a 15-passenger van.
Important to the judge's ruling was the fact the school had a separate account that was not under the control of the band council.
With that issue settled, Judge O'Hanlon said he would not impose a ban on Antoine holding office.
He said his court was "not the venue for reviewing or usurping the political process."
O'Hanlon did note Duane and Ted Antoine have criminal convictions. "Whether this will impact their ability to serve on band council, this I cannot say."
O'Hanlon went along with a joint submission presented earlier by Frank and prosecutor Glen Jacques. He handed down a suspended sentence of 20 months each to both Duane Antoine and Ted Antoine. The sentence includes keep-the-peace provisions as well as a requirement to complete 100 hours of community service. Each is to pay $2,500 in restitution that is to be held in trust for Chief Poundmaker School, to be paid by March 15. Both Duane and Ted Antoine indicated there would be no problems meeting those conditions.
As for the other six charged, O'Hanlon noted that only one - Irene Tootoosis - had shown genuine remorse. The judge was less than impressed with the levels of remorse shown by the others.
"These individuals stole from the children, the elders, the needy and everyone else on the First Nation," said O'Hanlon.
Hickson Weenie, Burton Baptiste and Norman Antoine, each of whom had pled guilty to one count of theft under $5,000, O'Hanlon imposed a suspended sentence and probation of 18 months each, an additional 50 hours of community service, payment of $2,500 in restitution to Chief Poundmaker School, a ban on sitting as a TLE trustee anywhere in Saskatchewan and a $100 victim impact surcharge.
Band councillor Colin Favel and former band councillor Bryan Tootoosis, both of whom pled guilty to theft under $5,000 and theft over $5,000, received the harshest sentences: 12 months to be served in the community as part of a conditional sentence order, followed by 12 months probation. Both agreed to pay restitution of $12,500. As well, they must serve 100 hours of community service and are banned from sitting as TLE trustees.
Irene Tootoosis had also pled guilty to theft under $5000 as well as theft over $5,000, but O'Hanlon noted she had shown remorse, accepted full responsibility and was co-operative in the investigation.
She was granted a conditional discharge, with a probation period running for 12 months, along with restitution, 50 hours community service and a ban on sitting as a TLE trustee.
All other charges against the eight were withdrawn at the conclusion of sentencing.
The sentences handed down by O'Hanlon tended towards the middle range of what the Crown and defence counsel had called for in their sentencing submissions. Frank had previously called for the suspended sentences to Duane and Ted Antoine to be as low as 12 months.
Still, the 20 months imposed was far from satisfactory for observers such as Wendell Antoine, a nephew of both Duane and Ted Antoine, who nevertheless opposes their leadership on the reserve.
"They shouldn't be in power," he said, making clear to reporters that he felt Chief Antoine and Councillor Favel should have been thrown out of office by the judge.
"Why should a chief or councillor still be in power when they did wrong to the community?"
Wendell Antoine went on to say the judge, "should have made sure Duane Antoine, Colin Favel, were out. Why are they still in power? Why? That's the big question. A lot of band members are going to be pissed off about what transpired today."
